Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-08-30
WHOLE NO. ll,347.

the private affairs of the citizenu And again:
-. ~ the investigation which the committee was
directed 10 make was judicial in its character,
anu could only be properly and successfully
inaue Dy Court of justice, and if it related
70 matter wherein relief or redress could be
nad only by judicial proceeding we dosnot
aiter htt has been said, deem it necessary to
discuss the proposition that the power attempted
to be exercised was one eonfded by the Consti-
tuition to the judicial, and not the Legislative
department OF the Government. We think it
equally clear that the power asserted is judi
cial, and not legislative" And again: THE
resolution adopted as q sequence of the preanl-
Bile contains no hint of any intention of final ac-
ton by Congress on the subject. In all the ar
Sument ON the ease no suggestion has been
made of what the House of Representatives or
the Congress could have done in the way of
remedylng the wrong or securing the creditors
OF Jay Cooke 4 Co., or even the United States.
was II TO be simply fruitless investigation into
the Personal affairs of individuals? IF so, the
house OF Representatives had no power or
authority In the matter more than any other
equal number of gentlemen interested for the
government of their country. By fruitless, we
mean that il could result in no valid legislation
on the subject to which the inquiry REFEREED
When the case went back to the Supreme
Court OF the District of Columbia and was tried,
the plaintiff recovered verdict of 100000
against the Sergeant-at,Ar Arms. This amount
was subsequently reduced to S25 600, which was
paid by order of Congress.
This ease win stand for all time as a buiwark
protection in his private affairs against the up-
limited scrutiny of investigation by a Congress
sionai committee. The Courts are open to the
United States as they are to the private citizen,
and both can there secure by regular proceed
ings ample protection of all rights and interests,
winch are entitled to protection under a gov
ernment OF written constitution and laws.
THE POWER OF THE COMMISSION
The Act of Congress not only authorizes a
searching investigation into the methods, affairs
aud business of the Central Pacific Railroad
Company, but it makes it the duty of the Rail
way Commission to inquire into, ascertain and
report whether any of the Directors, officers or
employees of that company have BEEN or are
now, directly or indirectly interested, and to
what amount or extent, in any other railroad,
steamship, telegraph, express, mining, con-
struction or other business company or CORPORA
ton, and with which any agreements, under
taklngs or leases have been made or entered
into. There are over one hundred officers
principal and minor, OF the Central Pacific Rail-
road Company, and nearly five thousand en-
ployes. IL IS not unreasonable TO suppose that
large proportion of these have some in
terest as stockholders or otherwise in some
other company or corporation with which
the railway company may have an agreement
of some kind: and il would be difficult to state
the extent to which the explorations of the
Commission into the private affairs OF these per-
sons may not go, if the mandate of the Act
could be fully carried out. But in accordance
with the principles declared in Kilbourn vs..
Thompson. and the equally important doctrines
announced III Boyd VS.. The United States the
Commission is limited i'll its inquiries into the
interests OF these Directors. officers and en-
ployes in any other business, company or cor
poratlon to such matters as these persons may
choose to disclose. They cannot be compelled
to open their books and expose such other busi-
ness to the inspection and examination OF the
Commission. They were not prohibited from
engaging in any other lawful business because
of their interests In and connection with the
Central Pacific Railroad Company; and that
other business might as well be the construction
and management OF other railroads, the
planting OF vines or raising of fruit, in which
some of these Directors and officers and en-
ployes have been, in fact, engaged. And they
are entitled 10 tee same protection and eXemp-
ton from inquisitorial investigation into such
business as any other citizen engaged in ike
business.
With reference to the vouchers respecting
which the principal interrogatories are pro-
pounded and to which we are asked to compel
answers from the witness, it is conceded by the
Commissioners on this motion that the moneys
covered by them were not charged against the
United states in ascertaining the net earnings
OF the company. If such were the case, it is diff
ficult to what interest the United States can
have in the disposition of these moneys. Be that
as it may, the Federal Courts cannot upon that
concession, aid the Commission in ascertaining
how the moneys were expended. Those Courts
cannot become the instrument of the Commits
sion in turthering It's investigation.
The Act OF Congress creating the Railway
Commission IN terms provides, as already stated,
that it may invoke the aid of any Circuit or
District Court to require the attendance of wit
nesses and the production of books. papers and
documents relating to the subject OF inquiry; and
empowers the Court, in case OF coutumacy or re-
tusals of persons TO obey subpenas to them to is
sue orders requesting them TO appear before the
Commissioners or either of them, and produce
the books and papers ordered, and give evidence
touching the matters in questions, and 10 punish
disobedience 20 its orders, and does not appear
to leave any discretion in the matter with the
Court. II would seem as though Congress in
tended that the Court should make the orders
sought upon the mere request ofthe Commission
ers, without regard to the nature of the inquiry
Il ffrn Nt.af 4
that the Court should thus be the mere execu-
tor of the Commissioners viii. And yet If the
Commissioners are not bound, as they have
asserted, by any rules OF evidence in their in
veStgatiGns. and may receive hearsay ex part.-
statements, and information of every character
To at may be brought to their attention and the
Court is to aid them in this manner of inYesti-
CATION, there can be no room for the exercise of
judgment as TO the propriety of the questions
asked, and the Court is left merely 10 direct
that the pleasure of the Commissioners in the
line OF their inquiries be carried out. But if it
was expected that the Court, when its aid is In
voked, should examine the subject of the in
quiries to see their character as to be able 10
determine the proprlety and persistency of the
questions, ana the propriety and necessity of
producing the books, papers and documents
asked Tor before the Commission, then it would
be called upon TO exercise advisory functions in
an administrative or political proceeding or
the exercise of judicial power if the former
they cannot be invested i'll the Court if the
latter, the power can only be exercised in the
cases or controversies enumerated in the Con-
stitution, or in cases of habeas corpus.
a PROVISION OF THE ACT VOID
The provision of the Act authorizing the
Courts to aid IN the inye tigaton in the manner
indicated must, therefore. be adjudged void
The Federal Courts, under the Constitution
cannot be made the aids to any investigation by
a Commission or a committee into the affairs OF
any one. If rights are to be protected or wrongs
redressed by any investigations it must be con
Quoted by regular proceedings il the Courts of
Justice in eases authorized by the Constitution.
The inability OF the Courts OF the United states
to exercise power in any other than regular Judi
cial proceedings was decided in Hayburn's case
as early as l592. Y Dali, 409)
The conclusion we have thus reached disposes
of The petition of the Railway Commissioners
and renders ii unnecessary TO consider whether
the interrogatoTies propounded were proper in
themselves, or wero sufficiently met by the an
swers given by Mr.. stanford, or whether any of
them were open TO objection for the assumption
they made or the imputations they implied II
is enough that the Federal Courts cannot be
made the instruments to aid the Commissioners
IN their investigations. It also renders it unne-
eessary to make any comment uI on the extraor-
binary position taken by them according 10 the
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